Substance Abuse: What to Do When You Suspect an Employee Has a Problem

November 8, 2016
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It’s no wonder so many employers are willing to bear the high cost of drug testing for new hires. Substance abuse can harm employers in many ways:

  • Inefficiency on the job
  • Poor judgement and decision making
  • Difficulty with focus and preoccupation with obtaining substances
  • Poor training of subordinates
  • Diminished overall performance
  • Disciplinary problems and theft
  • Increased tardiness and time off due to illnesses, hangovers, and withdrawal symptoms
  • Arguments with co-workers and managers
  • Potential workplace violence issues
  • Lower team morale
  • Higher medical and workers’ compensation costs
  • Legal issues and liabilities

The longer you wait to conclude that a substance abuse issue is the root cause of these behavioral and performance issues, the more damage may be done to your business. However, there is an important ethical and legal caveat: You don’t want to wrongly
identify a family tragedy, illness, or other problem as one related to drug and alcohol abuse. In that case, you would risk making false allegations and/or violating an employee’s privacy rights. To mitigate any workplace substance abuse problem while striking a balance between being proactive and over-reactive, take the following steps:

1. Identify two or more physical warning signals
Any combination of two or more of these visible warning signals is not necessarily an indicator of a substance abuse problem, but once you identify three, you have sufficient reason for suspicion:

  • Severe mood changes
  • Argumentative or hostile behavior
  • Flushed, pale or sweaty face
  • Suddenly poorer hygiene
  • Uncharacteristic unkempt appearance
  • Slurred or incoherent speech
  • Hyperactivity
  • Weight loss or gain
  • Bloodshot eyes or dilated pupils
  • Persistent coughs, sniffles, and snorting
  • Secretiveness, lying, and stealing

2. Review your policy
Your company should have a written substance abuse policy in force. Find out whether it includes testing and a protocol to follow for identifying substance abuse based on reasonable suspicion. If your policy is unclear or missing pertinent details, find legal counsel or a workplace consulting firm to help you implement an immediate course of action and a long-term policy.

Your policy may point you to an Employee Assistance Program (EAP) for employees that demonstrate certain warning signals. If your company offers this service, addiction issues can be addressed through confidential short-term counseling and assessment.

3. Start maintaining employee records
Documentation must be completely objective, so avoid making notations of subjective suspicions. Instead, document specific instances of poor conduct, declining performance, strange behavior, and specific observations of physical signals like slurred speech and dilated pupils. Complaints made by other employees can also bolster an eventual case for drug testing.

4. Meet with the employee
Your policy will most likely advise that the first meeting should be completely non-confrontational. In this case, schedule a meeting (preferably with two superiors) to express concern that you have noticed some signs of a problem and want to find out how to help the employee. Your policy may suggest that you inform the employee that professionals have been or will be consulted to assess any possible problem, based on your observations.

5. Do a drug or alcohol test
You should have a consent form obtained during the hiring process for warranted drug testing based on reasonable suspicion. First, consult your legal advisors for the proper procedure. Often, this involves explaining that the test will be performed to rule out the possibility of a drug policy violation, rather than to confirm a suspicion.

Many companies provide transportation to the drug testing facility to ensure that the test is given. This is also done to keep employees from tampering with urine samples or drinking so much water that the urine is diluted before the test. Many substance abuse policies state that a refusal to do the test, a refusal to be transported to the test, and a no-show are each tantamount to a positive drug test and will result in immediate termination of employment.

6. Take action
If the drug test results are negative, notify the employee and return them to a normal working routine as quickly as possible. If the results are positive, consult your policy to determine the next course of action. It may be an immediate termination, or it may be a treatment program that the employee must complete in order to return to work.

An ounce of prevention is worth a pound of cure in workplace substance abuse crises. If your company has the financial resources, it is always advisable to involve professionally trained experts in the creation of your policy and planning for when these issues inevitably arise.